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Section I. Instructions to Bidders
MINISTRY OF INFORMATION AND COMMUNICATION TECHNOLOGY
BIDDING DOCUMENT
for
Procurement of a Turnkey Solution for
Connectivity in Secondary Schools (School Net II, Wireless Access Points Connectivity, Next Generation Firewall & International Internet Connectivity)
______
______
Open International Bidding - CPB/15/2014
Issued on: 22 July 2014
Table of Contents
PART 1 – Bidding Procedures 1
Section I. Instructions to Bidders 2
Section II. Bidding Data Sheet (BDS) 27
Section III. Evaluation and Qualification Criteria 32
Section IV. Bidding Forms 37
PRICE SCHEDULE FORM 44
PART 2 – Supply Requirements 61
Section V. Schedule of Requirements 62
TECHNICAL SPECIFICATIONS 65
PART A – SCHOOLNET II - CONNECTIVITY FIBRE OR ALTERNATIVE TECHNOLOGIES 71
1 Scope 71
2 SchoolNet II 72
3 Technical Compliance 77
PART B - WIRELESS ACCESS POINTS CONNECTIVITY 85
5 Technical Compliance 92
PART C - NEXT GENERATION FIREWALL AT THE GOVERNMENT ONLINE CENTRE 99
PART D - INTERNATIONAL INTERNET CONNECTIVITY 102
PART 3 - Contract 103
Section VI. General Conditions of Contract 104
Section VII. Special Conditions of Contract 123
Section VIII. Contract Forms 128
1. Contract Agreement 129
2. Performance Security 131
3. Bank Guarantee for Advance Payment 132
ANNEX 1 – DEPLOYMENT PLAN 134
ANNEX 2 - Reference sites & Profiles of Technical Support Staff 152
(i) Customer Reference sites for supply, installation and configuration a broadband link of at least 10 Mbps in the last five years. 152
(ii) Customer Reference sites for supply, installation and configuration of a server with 15 workstations within a LAN in the last five years. 152
(iii) Customer Reference sites for supply, installation and configuration of a router within a WAN environment in the last five years 153
(iv) Customer Reference sites for supply, installation and configuration of at least 15 Wireless Access Points in the last five years. 153
(v) Technical Support Staff profiles 154
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Section I. Instructions to Bidders
PART 1 – Bidding Procedures
25
Section I Instructions to Bidders
Section I. Instructions to BiddersTable of Clauses
A. General 4
1. Scope of Bid 4
2. Source of Funds 4
3. Public Entities Related to Bidding Documents and to Challenge and Appeal 4
4. Fraud and Corruption 5
5. Eligible Bidders 7
6. Eligible Goods and Related Services 9
B. Contents of Bidding Documents 9
7. Sections of Bidding Documents 9
8. Clarification of Bidding Documents 10
9. Amendment of Bidding Documents 10
C. Preparation of Bids 10
10. Cost of Bidding 10
11. Language of Bid 10
12. Documents Comprising the Bid 11
13. Bid Submission Form and Price Schedules 11
14. Alternative Bids 11
15. Bid Prices and Discounts 11
16. Currencies of Bid 13
17. Documents Establishing the Eligibility of the Bidder 13
18. Documents Establishing the Eligibility of the Goods and Related Services 14
19. Documents Establishing the Conformity of the Goods and Related Services 14
20. Documents Establishing the Qualifications of the Bidder 14
21. Period of Validity of Bids 15
22. Bid Security 15
23. Format and Signing of Bid 17
D. Submission and Opening of Bids 17
24. Submission, Sealing and Marking of Bids 17
25. Deadline for Submission of Bids 18
26. Late Bids 18
27. Withdrawal, Substitution, and Modification of Bids 18
28. Bid Opening 19
E. Evaluation and Comparison of Bids 20
29. Confidentiality 20
30. Clarification of Bids 20
31. Responsiveness of Bids 20
32. Nonconformities, Errors, and Omissions 21
33. Preliminary Examination of Bids 22
34. Examination of Terms and Conditions; Technical Evaluation 22
35. Conversion to Single Currency 22
36. Margin of Preference 22
37. Evaluation of Bids 22
38. Comparison of Bids 24
39. Post-qualification of the Bidder 24
40. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 24
F. Award of Contract 24
41. Award Criteria 24
42. Purchaser’s Right to Vary Quantities at Time of Award 24
43. Notification of Award 25
44. Signing of Contract 25
45. Performance Security 25
46. Debriefing 26
Section I. Instructions to BiddersA. General
1. Scope of Bid / 1.1 The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section V, Schedule of Requirements. The name and identification number of this procurement through Open International Bidding are specified in the BDS. The name, identification, and number of lots are provided in the BDS.
1.2 Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax,) with proof of receipt;
(b) if the context so requires, “singular” means “plural” and vice versa; and
(c) “day” means calendar day.
2. Source of Funds / 2.1 Unless otherwise stated in the BDS, this procurement shall be financed by the Public Body’s own budgetary allocation.3. Public Entities Related to Bidding Documents and to Challenge and Appeal / 3.1 The public entities related to these bidding documents are the Public Body, acting as procurement entity (Purchaser), the Procurement Policy Office, in charge of issuing standard bidding documents and responsible for any amendment these may require, the Central Procurement Board in charge of vetting Bidding document, receiving and evaluation of bids in respect of major contracts and the Independent Review Panel, set up under the Public Procurement Act 2006 (hereinafter referred to as the Act.)
3.2 Sections 43, 44 and 45 of the Act provide for challenge and review mechanism. Unsatisfied bidders shall follow procedures prescribed in Regulations 48, 49 and 50 of the Public Procurement Regulations 2008 to challenge procurement proceedings and award of procurement contracts or to file application for review at the Independent Review Panel.
3.3 Challenges and Applications for Review shall be forwarded to the addresses indicated in the BDS;
4. Fraud and Corruption / 4.1 It is the policy of the Government of the Republic of Mauritius to require Public Bodies, as well as bidders, suppliers, and contractors and their agents (whether declared or not), personnel, subcontractors, sub-consultants, service providers and suppliers, observe the highest standard of ethics during the procurement and execution of contracts. [1] In pursuance of this policy, the Government of the Republic of Mauritius:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party[2];
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; [3]
(iii) “collusive practice” is an arrangement between two or more parties[4] designed to achieve an improper purpose, including to influence improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party[5] or the property of the party to influence improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede the Purchaser’s investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Purchaser’s inspection and audit rights provided for under sub-clause 4.2 below.
(b) will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question; and
(c) will sanction a firm or an individual, at any time, in accordance with prevailing legislations, including by publicly declaring such firm or individual ineligible, for a stated period of time: (i) to be awarded a public contract; and (ii) to be a nominated[b] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a public contract.
4.2 In further pursuance of this policy, Bidders shall permit the Purchaser to inspect any accounts and records and other documents relating to the Bid submission and contract performance, and to have them audited by auditors appointed by the Purchaser.
4.3 Furthermore, bidders shall be aware of the provision in Clauses 3.1 and 35.1 (a) of the General Conditions of Contract.
4.4 Bidders, suppliers and public officials shall also be aware of the provisions stated in sections 51 and 52 of the Public Procurement Act which can be consulted on the website of the Procurement Policy Office (PPO) : ppo.gov.mu.
4.5 The Purchaser commits itself to take all measures necessary to prevent fraud and corruption and ensures that none of its staff, personally or through his/her close relatives or through a third party, will in connection with the bid for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. If the Purchaser obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of Mauritius or if there be a substantive suspicion in this regard, he will inform the relevant authority(ies)and in addition can initiate disciplinary actions. Furthermore, such bid shall be rejected.
5. Eligible Bidders / 5.1 (a) Subject to ITB 5.4, A Bidder, and all parties constituting the Bidder, may have the nationality of any country. A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including Related Services.
(b) A Bidder may be a natural person, private entity, government-owned entity (subject to ITB 5.5) or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture (JV). In the case of a JV:
(i) all parties to the JV shall be jointly and severally liable; and
(ii) a JV shall nominate a Representative who shall have the authority to conduct all businesses for and on behalf of any and all the parties of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution.5.2 A Bidder shall not have conflict of interest. All bidders found to have conflict of interest shall be disqualified. A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process if, including but not limited to:
(a) have controlling shareholders in common; or
(b) receive or have received any direct or indirect subsidy from any of them; or
(c) have the same legal representative for purposes of this Bid; or
(d) have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Purchaser regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which it is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods and services that are the subject of the bid.5.3 (a) A Bidder that is under a declaration of ineligibility by the Government of Mauritius in accordance with applicable laws at the date of the deadline for bid submission or thereafter, shall be disqualified.
(b)Bids from suppliers appearing on the ineligibility lists of African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank Group and World Bank Group shall be rejected.
Links for checking the ineligibility lists are available on the PPO’s website: ppo.gov.mu.
5.4 A firm shall be excluded if by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Mauritius prohibits any import of goods or contracting of Works or services from a country where it is based or any payment to persons or entities in that country.
5.5 Government-owned enterprises in the Republic of Mauritius shall be eligible only if they can establish that they:
(i) are legally and financially autonomous;
(ii) operate under commercial law, and
(iii) are not a dependent agency of the Purchaser.
5.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request.
6. Eligible Goods and Related Services / 6.1 All the Goods and Related Services to be supplied under the Contract may have their origin in any country subject to ITB 5.3 and 5.4.
6.2 For purposes of this Clause, the term “goods” includes commodities, raw material, machinery, equipment, industrial plants and “related services” which include services such as insurance, installation, training, and initial maintenance.
6.3 The term “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.
B. Contents of Bidding Documents
7. Sections of Bidding Documents / 7.1 The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addendum issued in accordance with ITB Clause 9.